Terms of Use Agreement

Last Updated: January 05, 2025

NOTICE: THESE TERMS OF USE ("TERMS") CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of Terms

By accessing, browsing, creating an account, or purchasing from Richard D. Downs D.D.S., P.C. ("Company", "we", "us", or "our"), the owner and operator of the website Sleep Balance Academy, you ("User", "you") agree to be bound by these Terms. Your use of the Site is also subject to our Privacy Policy. If you do not agree, you must immediately cease using this website.

2. No Medical Advice Disclaimer (Critical)

2.1 Information Only

The content provided on this website, including courses, blog posts, community forums, and product descriptions, is for educational and informational purposes only. It does not constitute medical advice, diagnosis, or treatment.

2.2 Telemedicine Services

While we may facilitate access to telemedicine services, the Company is a technology platform, not a medical provider. Any medical care is provided by independent healthcare professionals who are solely responsible for your care.

2.3 Medical Devices

The sale of medical devices (e.g., eXciteOSA, SleepImage Ring) does not constitute a recommendation or prescription by the Company. You acknowledge that you should consult with a qualified healthcare provider before using any medical device sold on this site.

2.4 Emergency

If you think you have a medical emergency, call your doctor or 911 immediately.

3. Accounts and Security

3.1 Eligibility

You must be at least 18 years old to use this site or purchase products. Products intended for children must be purchased by adults.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to accept responsibility for all activities that occur under your account. The Company reserves the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion.

4. Purchases, Subscriptions, and Refunds

4.1 Product Availability & Pricing

We reserve the right to change prices or discontinue products at any time without notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

4.2 Recurring Subscriptions (e.g., "SBA Inner Circle", "Medical Director Program")

Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the renewal date.
Cancellation: You may cancel your subscription through your account settings. Cancellation stops future billing but does not result in a refund for the current cycle.

4.3 Refund Policy

Services & Digital Downloads: All sales of services (including Telemedicine consults) and digital products (courses, downloads) are FINAL AND NON-REFUNDABLE.
Physical Products: Refunds are granted solely at the Company’s discretion and are handled on a strict case-by-case basis following a complete investigation. We are under no obligation to provide a refund if you simply change your mind.

5. Third-Party Products & Limitation of Liability

5.1 Reseller Status

You acknowledge that the Company is a reseller/distributor of third-party products (including but not limited to Somnics, eXciteOSA, Circul+, etc.). We do not manufacture these products.

5.2 Manufacturer Warranty Only

Any warranty protection for products sold is limited to the warranty provided by the original manufacturer, if any. The Company explicitly disclaims all warranties, express or implied, related to third-party products.

5.3 Liability Cap

To the fullest extent permitted by law, the Company shall not be liable for any injury, loss, or damage arising from the use of third-party products. Your sole remedy for a defective product is to pursue a claim against the manufacturer.

6. Intellectual Property & Content

6.1 Our Content

All content created by the Company (text, graphics, logos, courses) is the property of the Company and protected by US and international copyright laws.

6.2 Third-Party Content & Aggregation

We may post summaries, excerpts, or references to third-party articles. These are provided for educational purposes under the doctrine of Fair Use. If you believe your work has been used improperly, please contact us immediately for removal.

6.3 User-Generated Content (Forums)

By posting content to our forums or website:

You grant us a non-exclusive, royalty-free, perpetual, world-wide license to use, display, and reproduce your content.
You represent that you own the rights to the content and that it does not infringe on the rights of others.
We reserve the right to remove any content that is defamatory, obscene, or violates these Terms.

7. Digital Millennium Copyright Act (DMCA) Notice

If you believe your copyright has been infringed, please notify our Designated Agent with the following:

Identification of the copyrighted work.
Identification of the infringing material on our site.
Your contact information.

Send DMCA notices to: info@sleepbalanceacademy.com

8. Disclaimer of Warranties ("AS IS")

THE WEBSITE AND ALL SERVICES AND PRODUCTS DELIVERED TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED.

9. Limitation of Liability

IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY SERVICE OR PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE LAST SIX (6) MONTHS.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of the products, or your violation of any law or the rights of a third party.

11. Governing Law & Dispute Resolution

11.1 Governing Law: These Terms shall be governed by the laws of the State of Iowa, without regard to its conflict of law principles.

11.2 Binding Arbitration: Any dispute or claim relating in any way to your use of the Service or products sold by the Company will be resolved by binding arbitration, rather than in court.

11.3 Venue: Any legal proceedings that are not subject to arbitration shall be brought exclusively in the state or federal courts located in Dubuque, Iowa.

11.4 Class Action Waiver: We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.